U.S. v. Science Applications International Corporation

NCLC urged the DC Circuit to hold that a False Claims Act case cannot be brought based on an “implied certification theory” when the certification was not an express condition to payment. In this case, SAIC failed to disclose alleged conflicts of interest when serving as a contractor for the Nuclear Regulatory Commission. Courts may rule that a contractor has not complied with a statute, regulation, or contract only if compliance is a precedent to payment. In its brief, NCLC argued that disclosure of conflicts of interest was not a precedent to payment in this case. If the case prevails, the False Claims Act will be misused to police compliance with conflict of interest requirements.

The DC Circuit held that a False Claims Act case can be brought based on an "implied certification theory" even when the certification was not an express condition to payment.

Amicus brief filed 4/2/10. Decided 12/3/10.